Pathways to Parenthood - Surrogacy, Adoption, Fertility & Modern Family Law

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Surrogacy is when a woman carries and gives birth to a baby for another person or couple. Under UK law, the surrogate is the legal mother of the child at birth, even if she has no genetic connection to the baby. If the surrogate is married, her spouse is generally the other legal parent. Following the birth, the intended parents must apply to the court for a Parental Order under section 54 of the Human Fertilisation and Embryology Act 2008 to transfer legal parenthood. The surrogate and her spouse must consent to the making of the order. Surrogacy agreements are not legally enforceable in England and Wales, but parties often enter into them to record their intentions and provide clarity.

A Parental Order is a court order that grants legal parenthood to the intended parents of a child born through surrogacy and permanently extinguishes the legal parenthood of the surrogate and her spouse. Without a Parental Order, one or both of the intended parents will not be able to exercise parental responsibility or make decisions about their child’s health, welfare and education. The child may also not be recognised for the purposes of inheritance and succession planning. The application should be made within six months of the child’s birth, although extensions have been granted in some cases.

Yes. Many intended parents from the UK pursue surrogacy in jurisdictions where it is legally regulated, particularly the United States, Canada and certain other countries. International surrogacy raises specific legal challenges around immigration, citizenship, the recognition of foreign birth certificates and the process for obtaining a parental order upon return to the UK. Even if you are named on a foreign birth certificate as the legal parent, you will still need to apply for a parental order in England and Wales. We have extensive experience advising on international surrogacy arrangements and work with specialist lawyers in jurisdictions across the world.

Adoption is the legal process by which a child becomes a permanent member of a new family. An adoption order gives parental responsibility to the adopters and extinguishes the parental responsibility of anyone who held it previously. The child’s welfare is the court’s paramount consideration. Adoptions can be domestic or inter-country. A heterosexual or same-sex couple, or a single individual, can adopt a child provided they meet the eligibility criteria. We act in both contested and uncontested adoptions and can guide you through every step of the process.

The legal position on parentage following donor conception depends on the circumstances of the conception. If conception takes place at a licensed UK fertility clinic, the rules under the Human Fertilisation and Embryology Act 2008 determine who the legal parents are. If conception takes place outside a licensed clinic, different rules apply. We advise on the determination of legal parentage, declarations of parentage, co-parenting agreements, and the rights and obligations of donors and donor-conceived individuals.

We strongly recommend obtaining specialist legal advice before entering into a surrogacy arrangement. The law on surrogacy and legal parentage is complex, and the consequences of not properly addressing the legal position can be significant. A solicitor can advise on the legal implications of the arrangement, help you understand your rights and obligations, and guide you through the parental order application process. In international surrogacy cases, legal advice is essential to navigate immigration, citizenship and cross-border legal parenthood issues.

Yes. Inter-country adoption requires specialist advice on the matching process, the legal requirements in the child’s country of origin, the immigration requirements for bringing a child to the UK, and the process for obtaining an adoption order in England and Wales. Our Modern Family team works alongside our immigration colleagues to navigate these requirements and ensure that all legal formalities are properly addressed.

A co-parenting agreement sets out how parents will share the responsibilities of raising their children. These can be relevant to married, separated or divorced parents, as well as to parents who have conceived through donor conception or surrogacy arrangements. A co-parenting agreement can cover practical matters such as living arrangements, schooling, religious upbringing, holiday arrangements and how decisions will be made. While not legally binding in the same way as a court order, a well-drafted co-parenting agreement can provide clarity and reduce the scope for future disputes.